Bindeshwari Paswan @ Debey Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11973 of 2019 Arising Out of PS. Case No.-37 Year-2012 Thana- GOH District- Aurangabad ====================================================== BINDESHWARI PASWAN @ DEBEY JI Son of Late Jamuna Paswan Resident of Village - Paharpura, P.S.- Goh, Distt - Aurangabad . ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Goh P.S. Case No. 37 of 2012 (G.R. no. 213 of 2012) for the offences punishable under Sections 147. 148, 149, 341, 323, 436, 427 of the Indian Penal Code, Section 27 of the Arms Act and 17 of CLA Act.

The allegation is regarding unknown miscreants, said to be Naxalites, having sprinkled diesel on the vehicle of the informant and having set them on fire due to non-payment of levy by the informant to the miscreants.

The learned counsel for the petitioner submits that the name of the petitioner has transpired in the present case after three years of occurrence upon arrest of one Mrityunjay Mishra

Patna High Court CR. MISC. No.11973 of 2019(2) dt.26-02-2019 2/2 who has disclosed the name of the petitioner in his confessional statement as one of his accomplice. It is further submitted that the other co-accused persons have already been granted bail who are similarly situated to the petitioner. It is further submitted that though the petitioner is accused in one other case but he is on bail in the said case. Lastly, it is submitted that the petitioner is languishing in custody since 11.09.2018 and in fact it is the case of the petitioner that similarly situated accused persons have already been granted bail vide order dated 4.2.2019 passed in Cr. Misc. No. 5978 of 2019 and the order dated 4.2.2018 passed in Cr. Misc. No. 6086 of 2019. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad (Bihar) in connection with Goh P.S. Case No. 37 of 2012.

(Mohit Kumar Shah, J) Tiwary/- U T